Legal Question in Civil Litigation in Iowa

I am in a dispute with a seedy landlord who wrongly evicted me. Since I won the appeal he’s brought a lawsuit against me for (bogus) property damages, which I countered for stolen property. On the day before my court date, I received a call from the court clerk informing me our case had been continued and to check back in a week for the new date. I did so, only to find court had not been continued. I lost my case for failure to appear. The court did not make that phone call. What do I do in terms of explaining to the court and/or the fact it was obviously my landlord who had someone place that call. He won by default. He knows I have a strong case. Do I just come right out and accuse him. I have the phone number from which the call was placed. It traced back to some woman about his age and from the same town. But, no other connection. What does the law say? That has to be illegal.


Asked on 10/08/22, 7:24 am

1 Answer from Attorneys
Stephen Lombardi Lombardi Law Firm

Call the Clerk of Court to confirm the trial was actually continued by the Court. Or, were you fooled by someone else? If the case was not continued, then file a motion to setaside the decision based on fraud or irregularity. If continued but no call made to you or communication about the new date, again file for the decision to be setaside.

Read more
Answered on 10/11/22, 8:42 am


Related Questions & Answers

More General Civil Litigation questions and answers in Iowa